Guyton v. State

In view of the statement contained in the opinion of the Court of Criminal Appeals 514 So.2d 1051 that “[tjhere was absolutely no evidence upon which to base a conviction for assault in the second degree as defined by § 13A-6-21(a)(l) and (4), Code of Alabama 1975,” and in view of petitioner’s minimal compliance with Rule 39(k), Ala.R.App.P.,1 I was initially of the view that the failure of the trial judge to give a lesser included offense charge in this case was, at most, harmless error.

After further reflection, however, I am convinced that, from a reading of the facts set out in the opinion…